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Orissa High CourtWP(C)/683/2009disposed off

Food Corpn.Of India v. Dy.Chief Labour

2022-11-29Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.683 & 3872 of 2009 In W.P.(C).No.683 of 2009 District Manager, Food Corporation of India, Sambalpur .....

Petitioner Mr.G.P.Dutta, Advocate - VersusDy.Chief Labour Commissioner (Central) & Anr.

In W.P.(C).No.3872 of 2009 Kaminibala Panda Appellate Authority & Ors.- .....

....

-VersusOpposite parties Mr.P.K.Das-1, Adv.

Petitioner Mr.P.K.Das-1 Opposite Parties Mr.G.P.Dutta, Adv.

CORAM:

JUSTICE BISWANATH RATH

ORDER

29.11.2022 Order No.

1.

Both these cases, one at the instance of Corporation and the other one at the instance of Workman, both again involving common orders at Anenxure-5 and 8 respectively being passed by the Controlling Authority as well as the Appellate Authority. These two cases stand common to W.P.(C). No.679 of 2009 along with W.P.(C). No.2016 of 2009, both decided by a judgment of this Court dated 29.11.2022 also covers the cases indicated herein. Accordingly, in disposal of both the writ petitions, declining to interfere in the appeal orders so far as it relates to entitlement of the workman of gratuity on adjustment of some recovery, both

these cases stand covered by the direction in paragraph-10 involving judgment in W.P.(C). No.679 of 2009 along with W.P.(C). No.2016 of 2009 and release of gratuity will be worked out in strict terms of direction therein.

2.

The writ petitions stands disposed of accordingly. (Biswanath Rath) Judge sks